Jump to ContentJump to Main Navigation
Philosophical Foundations of Contract Law$
Users without a subscription are not able to see the full content.

Gregory Klass, George Letsas, and Prince Saprai

Print publication date: 2014

Print ISBN-13: 9780198713012

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198713012.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 April 2020

Remedies for Breach of Contract

Remedies for Breach of Contract

One Principle or Two?

Chapter:
(p.341) 17 Remedies for Breach of Contract
Source:
Philosophical Foundations of Contract Law
Author(s):

Stephen A. Smith

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198713012.003.0017

This chapter compares two ways of understanding judicial remedies for breach of contract. The first way, the “one-principle model,” supposes that the main remedies for breach, namely in specie orders (for example, specific performance, orders to pay a contractual debt) and damages orders, are alike in that they confirm existing legal duties and, furthermore, in that the duties they confirm are in each case transformed versions of the defendant’s original duty. The second way, the “two-principle model,” accepts the above explanation of in specie orders, but supposes that damages orders are different because they create entirely new duties and, moreover, because these new duties cannot be explained on the same grounds as the defendant’s original duty. In this second view, damages orders differ from in specie orders because they are responses to wrongs, not to rights. The chapter concludes that the two-principle model explains judicial remedies for breach better than the one-principle model.

Keywords:   remedies, contract law, damages

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .